34Delegation

#### 34 Delegation (1) The Ombudsman may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person: (a) all or any of his or her powers under this Act, other than his or her powers under sections 15, 16, 17, 19 and 20ZJ and this power of delegation; and (b) any power exercisable by him or her by virtue of an instrument of delegation referred to in subsection (7) the sub‑delegation of which is permitted by the relevant law of the State or by the instrument of delegation; and (c) all or any of his or her powers under Division 7 of Part V of the Australian Federal Police Act 1979. (2) The Defence Force Ombudsman may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person all or any of his or her powers under this Act, other than his or her powers under sections 15, 16 and 17 and his or her powers referred to in section 19FA. (2A) The Postal Industry Ombudsman may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person all or any of his or her powers under this Act, other than his or her powers under sections 19V and 19W and his or her powers referred to in section 19X. (2B) The Overseas Students Ombudsman may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person all or any of his or her powers under this Act, other than his or her powers under sections 19ZQ and 19ZR and his or her powers referred to in section 19ZS. (2C) The Private Health Insurance Ombudsman may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate all or any of the Private Health Insurance Ombudsman’s functions or powers under this Act (other than those under section 20R, paragraph 20SB(4)(b) and section 20V) to a person whom the Private Health Insurance Ombudsman considers has expertise appropriate to the function or power delegated. (3) The VET Student Loans Ombudsman may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person all or any of his or her powers under this Act, other than his or her powers under, or referred to, in the following provisions: (a) section 20ZV (reports to VET student loan scheme providers); (b) section 20ZW (Minister to table reports about VET student loan scheme providers in Parliament); (c) section 20ZX (annual and other reports by the VET Student Loans Ombudsman). (4) The National Student Ombudsman may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate all or any of the National Student Ombudsman’s functions or powers under this Act (other than those under sections 21AV, 21AW and 21AX) to a member of staff referred to in subsection 31(1). (4A) Before delegating under subsection (4) a power or function to a member of staff referred to in subsection 31(1), the National Student Ombudsman must have regard to: (a) if the power or function is to be delegated to a person holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the person to exercise the power or perform the function; or (b) otherwise—whether the person has appropriate qualifications or expertise to exercise the power or perform the function. (5) A delegate shall, upon request by a person affected by the exercise of any powers delegated to him or her, produce the instrument of delegation or a copy of the instrument, for inspection by the person. (7) Where: (a) in accordance with a law of a State, the Ombudsman of the State delegates to the Commonwealth Ombudsman, either generally or as otherwise provided by the instrument of delegation, any of his or her powers under such a law; and (b) the Minister consents to the exercise by the Ombudsman in accordance with the instrument of delegation of a power so delegated; the Ombudsman is authorized to exercise that power accordingly.